Section Newsletter Articles on Environmental Law
Supreme Court expands juror rights in environmental penalty cases
By Raymond T. Reott
Environmental Law,
October 2012
Frequently, environmental statutes calculate penalties based upon the number of days the company violated the statute. After Southern Union Company v. United States, the government must prove that the defendant committed all of the acts constituting the offense for each given day.
2011 veto session summary
By Kent Mohr
Environmental Law,
March 2012
A summary of environmental bills introduced during the veto session of the 97th General Assembly.
Institutional controls: The use of municipal ordinances and agreements as components of No Further Remediation Letters
By Frank M. Grenard
Environmental Law,
March 2012
As a municipal attorney, the lawyer has a responsibility to inform the decision makers of requests for institutional controls, what they are, how they would benefit or be detrimental to the community, and to assure that the municipality would not bear any additional financial loss or liability. By the same token, the attorney should assure that the municipality understands that the business/development community needs assistance in obtaining closure of environmental incidents, many of them relatively minor in scale but they result in tremendous roadblocks to projects.
New Section 31 enforcement procedures
By Coty Hopinks-Baul
Environmental Law,
March 2012
A detailed description of the enforcement process for practitioners not already familiar with the “Section 31 Process” and a brief discussion of the amendments to the process for those already familiar with it.
Radon as an issue for real estate closings
By Myles Jacobs
Real Estate Law,
March 2012
While there presently is no law which requires a purchaser of a home to do a radon test, many purchasers have now become concerned and will conduct a radon test at the same time they do their home inspection.
Recent decisions limit bankruptcy claims of PRP groups
By Michele Gale
Environmental Law,
September 2011
The successful application of the Chemtura and Lyondell decisions to PRP claims in the Motors Liquidation Company bankruptcy could result in increasing the remediation obligations of other PRPs.
Recent environmental cases
By William J. Anaya, Gene Schmittgens, and Alison K. Hayden
Environmental Law,
September 2011
Recent cases of interest to environmental lawyers.
All appropriate inquiries into land acquisitions
By Gene Schmittgens
Environmental Law,
June 2011
All appropriate inquiry requires that the purchaser perform a Phase I assessment which conforms with either the requirements of ASTM 1527-05, or the regulations promulgated by EPA.
Illinois EPA submits new vapor intrusion proposal
By Raymond T. Reott
Environmental Law,
February 2011
Unable to completely resolve the objections to its original proposal, despite a long stay of the rulemaking proceedings, the Illinois EPA finally decided to bring forth a new and different proposal to add a vapor intrusion pathway for indoor air exposure to the Illinois TACO Cleanup Rules.
New USEPA lead paint renovation rule
By Raymond T. Reott
Environmental Law,
October 2010
Earlier this year the U.S. EPA adopted new rules involving the renovation and repair of pre-1978 structures with suspected lead-based paint.
Illinois adopts green building standards for state projects
By Raymond T. Reott
Environmental Law,
September 2010
The Green Buildings Act, enacted in Illinois in 2009, requires all new state-funded building construction and major renovations of existing facilities to seek clarification under green building standards.
In sites
Government Lawyers,
September 2010
A list of Web sites that disclose information about property and facilities.
New CERCLA settlement obstacles
By Robert Olian
Environmental Law,
September 2010
A look at the recently decided case of Agere Systems, Inc., et al. v.Advanced Environmental Technology Corporation, et al, which will have a broad-reaching effect on potentially responsible parties.
Clean Water Restoration Act
By Jeff Baker
Environmental Law,
May 2010
The current Clean Water Act extends only to “navigable waters.” But the recently introduced Clean Water Restoration Act would replace the current "navigable waters" language for the broader “waters of the United States.”
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